In most cases, the victim in an accident is determined to achieve full compensation for the damage caused by the perpetrator, including moral damage. At the same time, in spite of the fact that the truth is on the side of the person who suffered the losses, not everyone is able to prove and recover the absolute amount of the restoration costs. How to correctly exercise your rights and achieve maximum reimbursement, read below.
The one who is guilty is the one who pays
Everyone knows that with the introduction of OSAGO, the obligation to pay for the damage incurred lies with the insurance company of the person who is at fault, or with “his” insurance organization (this is called direct compensation), if only the vehicles that are insured under OSAGO suffered. It would seem, everything is clear and simple. However, there are frequent situations when you have to make demands directly to the perpetrator of an accident:
- when the insurance company did not fully meet the requirements of the affected party. Thus, civil liability can be insured for an amount not exceeding 400,000 rubles: if the amount of the cost of auto repair turned out to be greater, the difference must be collected directly from the perpetrator of the accident;
- if the car was damaged in the parking lot, in the parking lot, that is, not in the course of the movement (the car was not in use, the driver did not drive it, and there was no other car that moved and made a collision, but, let’s say, a person scratched the car with a nail). This is not an accident, as such, but the infliction of property damage;
- when it is necessary to achieve payment for causing moral damage;
- the insurance company refused to pay (in whole or in part) and the appeal of such actions did not bring a positive result;
- the insurance company went bankrupt or liquidated without making payment under a judicial act adopted in favor of the victim;
- if the driver responsible for the accident does not have a contract with an insurance company, or such a contract is overdue.
Property requirements can not always be made to the one who is driving. So, if a car is listed on the balance sheet of a certain organization, then this organization is obliged to pay damages (as a rule, victims demand compensation jointly from the legal entity and the driver in order to avoid unnecessary trials with shifting the blame to each other).
If a person has made an accident while driving a vehicle on the basis of a power of attorney, a rental agreement and the like, then the driver will be the debtor, however, the owner of the vehicle must confirm reliably these circumstances. A similar rule applies if the car was driven by a hijacker.
If the owner has borne the burden of guilt in the above situations, then he can subsequently make a regressive claim on the citizen who has made the collision.
How to recover the damage from the perpetrator of a traffic accident
If it is not possible to reach an agreement on the voluntary payment of your costs due to an accident, there are two ways to enforce it:
- pre-trial claim. The considered method involves the preparation of a written request for the repayment of the cash costs incurred by the affected party.
- filing a claim in court.
The crash specialists advise you to go through the pre-trial compensation procedure before filing a lawsuit. At the same time, the law does not prohibit passing the stage of filing a written request and immediately after the occurrence of a road accident go to the district court (recall that in the case of claims sent to the insurance address, the pre-trial procedure is considered mandatory). Practice shows that often the perpetrators of an accident simply ignore the letters of complaint sent to them. If you do decide to take the opportunity to resolve money issues out of court, it will be helpful to know the following:
- the claim must be clear and understandable;
- it should contain: a description of the accident that resulted in losses, a reasoned conclusion about the need for compensation (you should indicate why you intend to receive payment of costs from this person);
- circumstances under which no penalty is taken from the insurance organization;
- not to allow demands in a rough, harsh, emotional form;
- the letter must indicate damages (both obvious and hidden), as well as a document confirming their list;
- The final amount you intend to receive is: the cost of repairs, the reduction in product value, the costs of evacuation, storage, the costs of assessment and
Everything that the author of the claim refers to is advisable to attach copies to it (for a more convincing and reliable copy, you can be assured by a notary). It can be:
- a document confirming the fact of the accident;
- vehicle ownership confirmation;
- paid bills for the cost of repair, evacuation, storage and
The submitted claim is sent to the perpetrator of the accident at his place of residence by registered mail with a notification or with a valuable inventory of attachments. It is allowed to deliver the letter by courier service – this issue is decided at the discretion of the sender.
The sample claim can be used in the case of the complete absence of compensation for damage by the insurance company of the person responsible for the accident:
Ivanov Ivan Ivanovich registration address: 100000 Moscow, st. Lenin, 1, apt. 1 Petrov Peter Petrovich, registration address: 200000 Moscow, st. Lenin,
CRIMINAL CLAIM FOR A CRIMINAL ACCIDENT
Dear Ivan Ivanovich!
The car Lada Priora state registration number A 000 AA / 197 belongs to me by right of ownership (a copy of the technical passport in the application).
The accident occurred because of your fault, due to violation of paragraph
As it became known, the risk of your civil liability was not insured, because you did not take timely measures to extend the contract of CTP.
In accordance with the conclusions of the examination of Expert-Avto LLC No. 0000000 dated
- 5000 rubles – the amount spent on a tow truck (I attach a copy of the act of rendering the service);
- 5000 rubles – the amount spent on the replacement of the alarm security system damaged as a result of an accident (certificate is attached).
Total, total losses: 55,000 rubles.
I suggest that you voluntarily, within 15 days from the date of presenting this claim, pay me the cost of expenses incurred as a result of the accident, of which you are the culprit. For transfer of funds I inform the details:
PJSC “Sberbank”, account 000000000000 or on the card of Sberbank No. 1111111111111.
If you intend to pay the required amount, but for any reason you cannot do it within the time specified in this claim, you can call my phone number 8,926,000,000 on weekdays from 18-00 to 22-00, on weekends from 10 -00 to 21-00 for negotiations.
In case of non-fulfillment of the requirements, I reserve the right to apply for a refund to the court, then I will additionally file claims for court costs.
- copy of the vehicle passport;
- copy of the decision on the case of an administrative offense;
- a copy of the certificate of replacement electronic security system;
- copy of the conclusion expert opinion from
So, if, after the deadline for repayment of the damage has expired, the addressee did not attempt to compensate your losses voluntarily, there is nothing left to do but go to court.
How to file a lawsuit
Recall that the period for going to court is three years from the date of the accident. If you miss this deadline, the requirements can be left without satisfaction only for this reason, despite the fact that you are actually affected and have actually incurred expenses.
You can make a claim yourself, guided by some recommendations:
- The respondent can be both the person driving the vehicle and the owner of the vehicle. If the culprit died, then his heir will be the defendant;
- the rule of jurisdiction must be observed: a claim must be filed with the territorial court at the place of residence of the defendant, if there are several of them at the place of residence of any of them (the justice of the peace – if the amount of the claim does not exceed 50,000 rubles, in other cases – to the district court of general jurisdiction);
- if there are several plaintiffs, then one statement can be made;
- as well as in the claim, it is necessary to describe the incident and list the damage to the vehicle indicated in the examination;
- Be sure to indicate in the statement that the complaint was previously sent to the respondent for which no response was received;
- copies of documents issued by the traffic police, expert examination reports, checks, receipts, and a receipt for payment of the state duty (in the example below, this is 800 rubles + 3% of the amount exceeding 20,000 rubles = 1,940 rubles, the amount of court costs is not subject to duty ).
What kind of damage can a court ask for? In general, the plaintiff has the right to include in the requirements all those costs that, in his opinion, are directly related to the accident:
- these may be actual expenses incurred, including documentary procedures (conclusion, evaluation and
The scope of the claims must be carefully calculated. So, if we are talking about a partial reimbursement by the insurance company, then the price of the claim will correspond to the remaining (underpaid) amount. When the car is insured under the hull insurance, then a deductible can be collected from the perpetrator of the collision – this is the name of the part of the payment that is retained by the company.
A sample claim can be made both independently and with the help of a lawyer, whose bill for services can also become part of the requirements.
We write a claim:
Leninsky District Court of Moscow. Claimant: Petrov Petr Petrovich, registered address: 200000, Moscow, ul. Lenin,
Claim price: 58,000 rubles Stamp duty: 1940 rubles.
The statement of claim to the perpetrator of the accident for pecuniary damage
The accident occurred due to the fault of Ivanov
I was sent to Ivanov
In accordance with the conclusions of the examination of Expert-Avto LLC No. 0000000 dated
- 5000 rubles – the amount spent on a tow truck (I attach a copy of the act of rendering the service);
- 5000 rubles – the amount spent on the replacement of the alarm security system damaged as a result of an accident (certificate is attached).
Total, total losses: 55,000 rubles.
In addition, 5,000 rubles were spent by me for drawing up a statement of claim and preparation for the court session (I enclose a copy of the contract).
Third party liability of the perpetrator of the road and transport, in accordance with the Federal Law “On OSAGO” No. 40-FZ from
I ask to call the following witnesses to the court hearing:
- Kozlov Roman Olegovich (a passenger in my car in a collision), residing at: (index), Moscow,
To resolve this dispute, I consider it necessary to examine the administrative case of an accident involving the plaintiff and the defendant.
Based on the above, guided h. 1 Article. 15,
To recover from the defendant Ivanov Ivan Ivanovich in favor of Petrov Petr Petrovich 45,000 (forty-five thousand) rubles as a reimbursement for the cost of repairing a vehicle;
To recover from the defendant Ivanov Ivan Ivanovich in favor of Petrov Petr Petrovich 5000 (five thousand) rubles costs for a tow truck;
To recover from the defendant Ivanov Ivan Ivanovich in favor of Petrov Petr Petrovich 5000 (five thousand) rubles of expenses for the replacement of the alarm system installed on the vehicle;
To recover from the defendant Ivanov Ivan Ivanovich in favor of Petrov Petr Petrovich 3000 (three thousand) rubles) for assessing the repair of a vehicle Lada Priora state registration number A 000 AA / 197, damaged as a result of an accident;
To recover from the defendant Ivanov Ivan Ivanovich in favor of Petrov Petr Petrovich 1940 (one thousand nine hundred forty) rubles of the costs of paying the state fee for the consideration of the case in court;
To recover from the defendant Ivanov Ivan Ivanovich in favor of Petrov Petr Petrovich 5000 (five thousand) rubles of legal costs in connection with the provision of legal services.
I ask to demand from the traffic police of the Ministry of Internal Affairs of Russia an administrative case on this dispute, for review in court.
- Copies of the statement of claim for persons involved in the case;
- A copy of the protocol on administrative violation;
- A copy of the accident scheme;
- Copy of the vehicle passport (notarized);
- Copy of the replacement electronic security system;
- A copy of the expert opinion from
This is one of the many options for drawing up a claim for compensation for material damage through the courts.
After filing such an application, the date of the court hearing will be set, first a conversation (here you can clarify what kind of written evidence is missing in the case, find out the position of the other party, submit to the court for verification the original documents to the claim), then consider the dispute on the merits. If the summoned defendant does not constantly appear in the judicial process and at the same time does not provide evidence of a valid reason, a decision in absentia may be made by the court.
After the entry into force of a positive court decision, a writ of execution is obtained, which must be transferred to the bailiffs at the place of residence of the debtor. If the court does not agree with your requirements, there is a legal opportunity to compete in the second instance – to file an appeal within 1 month from the day the decision is announced.
And how to practice
In reality, it is possible to recover from the perpetrator the entire amount specified in the lawsuit – there are no limits on compensation, unlike litigation with an insurance company. At the same time, judicial practice in cases of damages allows us to conclude that most of the defendants simply cannot execute the decision of the court because of their financial situation (lack of work, numerous obligations, alimony and
In order for the plaintiff to receive the award, it is necessary to monitor the stage of the enforcement proceedings, contact the bailiff, initiate the establishment of the main and additional income of the debtor, report all known information about his financial position, and property. Sometimes it is possible to initiate legal procedures for the division of marital property (if the property of the debtor is executed by the spouse).
It is much easier to execute court decisions on reimbursement, when the defendant is a state organization or a commercial enterprise, whose drivers make a collision. In such cases, the amount determined for payment is promptly credited to the victim’s account, often without initiating enforcement proceedings.
Criminal cases of traffic accidents
If, as a result of an accident, a person has suffered injuries that have caused serious harm or death, the guilty person is criminally liable. In addition to the punishment under the Criminal Code of the Russian Federation, which will be determined by a court of general jurisdiction, a civil lawsuit can be filed in a criminal proceeding without addressing this issue separately.
The court is obliged in the sentence to indicate the fate of the claim:
- leave it without consideration, recognizing the right to apply in civil order (such an outcome is often waiting for those who have not fully substantiated the size of their requirements);
- satisfy (if all evidence is presented that confirms the price of the claim);
- refuse satisfaction (in practice, this happens, for example, when the plaintiff has already received certain compensation and applied again with the same question during the consideration of a criminal case).
The victim can declare not only material requirements, but also compensation for damage to health. In this case, the state duty for such disputes does not need to be paid (in terms of compensation for harm to health).
To do this, it is enough to submit to the court medical documents confirming the duration of treatment, the diagnosis, the need for rehabilitation, as well as the doctor’s conclusion about the consequences of injury, injury and
The practice of compensation for harm to a person as a result of accidents in different regions.
So, for the death of the victim in an accident can determine to pay from one to three million rubles, for various degrees of injury – from one hundred thousand to one and a half million rubles. A lawsuit in a criminal case cannot be satisfied if the person who committed the accident is acquitted.
Hello Yulia. Damage from the accident, where the perpetrator did not draw up the policy, is reimbursed by the perpetrator in the order
Good day. My name is Sergey. I had an accident not through my fault. Spare wheel cover on Suzuki Grand Vitara. In company "appraiser" pointed out the replacement and painting. The insurance company estimated these services at 6 thousand rubles. Car of the year 2012. Mileage 39 000. The cost of spare parts in the cabin, where the car was bought 16 thousand rubles + painting 3 thousand rubles + delivery from another region about 1.5 thousand rubles. And about 20 thousand rubles. Interesting? How to restore a car if Rosgosstrakh does not fully pay for repairs (full replacement of the spare wheel cap)?
Hello Sergey. You need to make an independent assessment of damage and costs, apply to the insurance with the requirement to reimburse you the real cost of repairs. If you refuse, you need to contact the court.
Good evening. My name is Irina. The fault of my son happened an accident. Departing from the collision flew into the oncoming lane where the collision with the oncoming car occurred. Is it possible to avoid criminal responsibility and how, if several people were injured during an accident, one of whom suffered serious bodily harm (spleen rupture)?
Hello Irina. If a violation of traffic rules is established in your son’s actions by an examination, as well as a causal link between actions and injuries, criminal responsibility cannot be avoided.
Good day! I suffered in a traffic accident. The culprit admits his guilt. The insurance company paid 400,000.00 rubles. According to an independent examination, the damage is higher. Now I am writing a claim to the culprit for the payment of the difference. I sent a telegram to the culprit, invited me for inspection. The TLG was not delivered – the answer came from the post office – the door is closed, the addressee of the notice for the TLG is not. The question is as follows. Is it necessary for the culprit (and later, I think, to the court) to state in the claim text that the perpetrator was invited to be examined at such and such time and to attach a copy of the TLG? And the answer is mail? And how can the absence of the culprit during the inspection affect the outcome of the case? The car has already been repaired, there are no documents confirming the cost of the refurbishment. If the amount of damage the culprit will challenge, then what are his chances? And one more question. Can I show the culprit the amount of damage according to the expert opinion without taking into account the wear of parts?
Hello, Timur. The claim may indicate that the defendant was given the opportunity to attend and thereby control the inspection procedure. A copy of the TLG and mail reply can also be included. All this is necessary to prevent the respondent from challenging the amount of the claim, which significantly reduces his chances of deciding in his favor. Without taking into account the wear of parts, the amount of damage can be presented, of course, but it is difficult to predict what court decision will be in this part. It is possible that the court will reduce the amount collected precisely taking into account the depreciation estimate.
Good day. The situation occurred in the yard. In the yard of a dwelling house, going backwards, I hit a parked car. The speed was minimal, given the fact that the courtyard is very crowded and cars park roughly speaking back to back. After the accident, I went out and took a picture, my rear bumper sideways pressed against the side bumper of the parked vehicle. Looking for the owner probably about an hour, but to no avail. Caused by the traffic police, they fixed everything and gave a resolution. Only after I have already noticed that my insurance is overdue for a few days, but the fact that it is not valid. The traffic police did not notice this either, and the protocol indicates that my insurance policy is no longer valid. The owner contacted me a few months later, met, began to discuss. She says she went to the workshop, she was counted 18,800. When she hit the bumper, the wing allegedly mowed down, maybe something with a bracket and still began to pull the hood off. Paper with quotations for repair without printing, I was outraged and took time to think. Given the fact that her son works in traffic police, you can make any papers. I don’t mind paying, because I’m not right, but I don’t think that the iron wing couldn’t get away from the impact in the plastic bumper, despite the fact that the bumper is just scuffed, not even a scratch. On my own bumper, there is nothing at all, not even a trace. As a result, they agreed with the victim for 15,000, we meet, I prepared a sample receipt, and then she says – I want 20,000. She went to the official dealer and they counted her 27,000, but she is ready to do only the wing for 20,000, and leave the bumper as it is. But how can I know that the wing has left precisely this collision, since she did not do the examination. Immediately she begins to talk about the bouncers who can pick up the debt, and that she was offered to take my car to the parking lot until I repay the debt. And a lot more, up to the fact that they will take away my child. Is this somehow resolved in the pretrial order, but with mandatory expertise? I do not mind paying the damage caused by me, but I want to know that this is really from this collision.
Hello Svetlana. In the pretrial order your question can be settled only when a compromise is reached. It turns out that you do not agree with the assessment of damage – in this case, the final amount of repair can only be challenged in court if the second party is not ready to provide his car for another calculation, for example, in another workshop. In this situation, you are the culprit of the accident, and even without a policy, so the second party is trying to force you to fulfill your conditions. Try once again to convince the owner of the car that a peaceful solution to this issue is more profitable than court proceedings for all.
I am the culprit of an accident in April 2013. He admitted his guilt. He paid a claim to the insurance company (UK) in the amount of 6,500 rubles. A year later, in October 2014, he received a claim from the Insurance Company under the same number, but dated October 2014, and in the amount of 75,000 rubles. I asked the insurance company for explanations and acts of those. examination and assessment of the damage caused by the first and second claims for review and resolution of the issue. No response received. In October 2016, the UK filed a claim with the court for reimbursement in the amount of 50,000 rubles. From the case file about the lawsuit, it turned out that the victim did not agree with the Investigation Committee in assessing the damage of 6,500 rubles, and appealed to the court in the amount of 60,000 rubles, according to the report of the independent expert, to the Investigation Committee. Court decision by
Hello, Victor. According to practice, a general limitation period applies to regressive claims – 3 years. Usually this period is counted from the date of the accident. At the same time, in your case the question of additional recourse is raised, and the court may consider a three-year term not from the moment of the accident, but from the date of the decision
Good day. My car at the time of the accident was in the park, yard area without moving. The person who committed the accident is a minor, was intoxicated, found completely guilty. The respondent’s insurance company paid me 17,300 rubles, and according to an independent examination, I suffered damage in the amount of 25,500 rubles. Question to whom should I file a claim for a minor, his parents or the insurance company of the person responsible for the accident?
Hello, Alexander. You need to file a lawsuit against the insurance company of the person responsible for the accident, and the latter will return your money in the order of recourse if the court satisfies your claim. By the way, you can first send a claim to the insurance, where to indicate the findings of an independent examination. The difference by general standards in the cost of repairs is not very large, so there is a possibility of additional payments on the claim.
Hello. Can you please tell me what to do in such a situation and what are my chances of getting compensation for the damage caused? Evening, a woman in the n / s ran out on the road outside the pedestrian crossing, creating an obstacle for me to traffic, we could not avoid a collision, although all attempts were made to avoid it (I gave a sound signal, slowed down, pulled over to the curb). It turns out that I knocked her left mirror. As a result, the left rearview mirror is broken, the left door is scratched. The woman got up, shook herself and was going to hide from the place.
Hello Pavel. In fact, the situation you described is an accident where a citizen is a participant. You did not hide from the spot, you are not to blame for what happened, what are the reasons to refuse to pay you? I do not see them and I think that the issue should be resolved in your favor. Subsequently, the insurance can recover from the woman the premium paid, in recourse.
Hello! Accident happened. The culprit has no Osago policy. A court was held where a decision was made on the compensation of damage and the imposition of arrest on his property. All this was decided without a defendant, since he never appeared in court. For a month, after the decision was made to arrest the property, the bailiffs didn’t do anything, they didn’t go to the respondent. (During this time, it was possible to rewrite, or sell the car) My questions are answered that if he (the defendant) has nothing , I will return the writ of execution … my actions?
Hello Tatiana. Supervision over the activities of police officers is carried out by the prosecutor’s office. You can write a statement to the district prosecutor’s office with a request to check the completeness of the activities carried out by the bailiffs and, in case of violations, make a submission. The execution list can be resubmitted an unlimited number of times. Read more about how to make bailiffs work here http: //
hello, a person made a car accident, his car insurance is 120 thousand rubles, he is awarded a court to pay 500 thousand rubles for the harm of another car, for which he must pay the victim to the insurance company? why do you need insurance? ?
Hello Daria. The insurance indemnifies within the limits of the established limit the damage caused as a result of an accident, everything else is always collected from the person responsible for the accident.
Hello. There was an accident, the culprit of an accident on someone else’s transport and with inactive insurance. what to do??
Hello, Alexey. If you do not have a hull insurance, you will have to sue directly to the perpetrator of the accident, in the order of art. 1064 of the Civil Code, To do this, you will need to make an independent examination to calculate the damage. If there is a CASCO – then you can turn to your insurance, which then itself will collect from the culprit.
Good day! Prompt, forensic medical examination as a result of an accident determined the injury of moderate severity (fracture of the 3 metacarpal bones of the left hand, after the operation 2 plates were delivered, inpatient and outpatient treatment for more than 21 days). I agreed with that, I went through trial. About a month after the court decision, I was disturbed by a hand, I turned to my clinic. The orthopedic surgeon told me that I needed a second surgical intervention to remove the metal structures.
Hello, Catherine. In this case, the elimination of the plates will not entail the recognition of grievous bodily harm. Harm is determined immediately, and the nuances of subsequent treatment rarely affect the degree of harm already defined earlier. But this does not exclude the possibility of the victim to file an additional lawsuit, taking into account the necessary costs of continued treatment.
Good day. When turning, did not give way to oncoming traffic. An oncoming car lost control and collided with a curb, there was a place for a detour, there was just a lot of speed and ice. DPS arrived, they wrote me a penalty for not giving an advantage. Accident is not issued, there was no touch. Now the victim sues me, not the insurance (there is insurance). Does the court admit my guilt, and who will pay the insurance or me? How to explain to the court that the victim himself lost control?
Hello, Stas. From your question it follows that it was you who did not give way at the turn, which means having your fault in this situation. Since the accident has not been filed, the incident does not apply to insured events under CTP, which naturally involves bringing a claim to you directly.
Good day! My husband and I are going to file a lawsuit against the perpetrator of the accident. Both were injured in an accident, my injury was of moderate severity, my husband’s health was not determined (there were only bruises). The person responsible for the accident managed to drive the car of a foreign state by proxy (the car owner is a citizen of the Republic of Armenia; the person responsible for the accident may have dual citizenship: the Russian Federation and the Rep. Armenia). The damage was caused by a large sum, but the culprit of the accident told us that he does not work anywhere, he does not have any of the property. Question: Is it possible to recover the damage from the car owner, taking his car as compensation for harm? If not, what article is responsible for the accident? We want to file moral damages also in this lawsuit. Tell me what amounts to request the most, how to justify them? According to which article moral damage is compensated? My husband has a one-time visit to the clinic. I have a fracture of the 3 metacarpal bones of my left hand with an offset, an operation was performed on my arm in a state of pregnancy, for a period of 38 weeks; there were also multiple soft tissue bruises in the sternum and abdomen. There was a long recovery, hindered by the fact that a child was born, for which care is required.
Hello, Catherine. For causing moderate bodily harm, the perpetrator of the accident is responsible for administrative legislation. At the same time, both you and your husband are entitled to file a claim for damages to health. Based on the practice, you can claim 20,000-30000 rubles for your husband’s damages, and more than real damages for your damages up to 200,000 rubles. In the framework of the same claim, you are entitled to file a petition for interim measures – the imposition of arrest on the property of the perpetrator, including the car. If he is registered with the perpetrator, then if the claim is satisfied, a penalty may be imposed on the car.
Good afternoon, Vera! Thanks for the answers, but still I don’t understand, the person responsible for the accident did not drive his car by proxy and without insurance, which means that a car cannot be collected from the owner of the car. And I asked you to write, for which article moral damage is collected? What else article to bring the culprit of the accident for material damage in a car accident committed by his fault?
Hello, Catherine. The car may be levied if this property belongs to the defendant. If you sue the owner of the car in accordance with the rules of art. 1079 of the Civil Code of the Russian Federation (the responsibility is borne by the owner of the source of increased danger), it is quite possible to foreclose on the car. This rule will not work if the transport is out of possession of the owner against his will. If you will sue the perpetrator of the accident, here "works" Article 1064 of the Civil Code of the Russian Federation (general rules for compensation for harm by the perpetrator). Many victims sue both – the culprit and the owner, jointly and severally. In the presence of claims for compensation for moral harm, you must be guided by Art. 151 of the Civil Code, as well as 1100 of the Civil Code.
Hello, Alexander. Indeed, in accordance with
Hello Olga. Most likely, the court will charge the full amount of the damage. In law, there really is a rule that allows, in view of the difficult financial situation of the defendant, to reduce the amount to be recovered –
Hello, I had an accident almost 3 years ago, I was the culprit of the accident, I immediately got a court hearing and there was no second driver, he filed a lawsuit against me that I should pay
Hello Vlad It turns out that when you went into the army, was there enforcement proceedings? Then everything is logical: when you have an official salary, we started the collection procedure, which was suspended. Bailiffs are entitled to recover up to 50 percent of their monthly earnings. About the fact that you have arrested all the money, you need to contact the bailiffs, if not help – with a complaint to the prosecutor.
Hello, tell me how to get compensation from the culprit. Our car was parked in the permitted place. The tow truck tried to pick up the car next to it. "Sleeve" tow truck broke down and pushed us through the windshield. We are insured under hull insurance. After receiving a certificate from the district, they gave the car for repair. And now we have been walking and carrying bags for 3 months now. Is the culprit-company-tow will not be held responsible for this.
Hello Svetlana. The culprit (the company responsible for towing) will be responsible for the amount that will be spent on repairs.
Good day. The situation is as follows. Husband was in the workplace. The car was in the parking pocket. Another vehicle was hit in it, the culprit fled from the accident scene. Everything was as usual decorated by traffic police officers. The car does not belong to the culprit, framed by another person. For 3 months, the car was never found. But, knowing the owner of the car, we will sue him. And the question is – who should be indicated as a plaintiff? The damaged car is framed for me (I am a wife), but that day my husband left for work on her. To file a lawsuit on my behalf, husband or no difference? Thank.
Hello Renata. Sue a lawsuit on your own, because a car is registered to you. The husband can confirm the circumstances as a witness in the case.
Hello. We have this situation. The driver ran over the input heat (heating). Peacefully refuses to pay damages. The car belongs to the organization. Want to sue? How to do it right? And where you can view or negotiate, examples, statements of claim?
Hello, Albina. It is necessary to send a claim with the calculation of the damage caused to this organization. If there is no answer to it, file a claim with the court, indicating that the organization does not agree to voluntarily pay damages. Samples of claims and claims are given in the article.
Good day. I got into an accident I am not guilty, all participants have insurance. In the insurance policy, I am the insurer, and the owner is the former owner (he has a village registration, and therefore insurance is cheaper), but I canceled my account (I bought it and did not install it, the owner, without my knowledge, canceled the auto account in the traffic police). For this reason, I was denied payment of insurance (allegedly not paid if the auto registration was canceled, and I made insurance on the former owner). Is the refusal of insurance in this case legal?
Hello, Maxim. Yes, the refusal is completely legal – after all, it turns out that the car is not registered to you, and the insurance has been issued for a person who is not currently the owner either. Under such circumstances, the insurance does not pay insurance – CTP is not properly designed.
Hello, Maxim. Yes, the refusal is completely legal – after all, it turns out that the car is not registered to you, and the insurance has been issued for a person who is not currently the owner either. Under such circumstances, the insurance does not pay insurance – CTP is not properly designed.
Hello, I am the cause of the accident, my insurance company paid the victim 400,000 rubles, I received a claim from the injured owner for compensation for damage exceeding the limit in the amount of 160,225.0 rubles, of which 93,700.00 rubles is the cost of repairs, 60,525.00 rubles – the value of TCB, 6 000 rubles – the cost of expert services. I was not invited to the inspection (independent examination). Question: Should I have been invited for this inspection and is the TCB value included in the damage amount?
Hello Tatiana. To the expertise of the perpetrator of the accident invite to avoid future disputes about hidden defects. But such a duty – that the perpetrator must be present during the inspection, is not in the law. The loss of the commodity value of the goods is not included in the amount of damage spent on repairs.
The question is whether it is necessary to send a pre-trial claim to the perpetrator of compensation as I worry that he will rewrite the car and hide all possible incomes.
Hello, Vitaly. The claim does not necessarily send, you can immediately file a lawsuit. If you are afraid of hiding income, property and
Hello. This happened
the son committed an accident, with 2 dead and he was sentenced to imprisonment for a term of 6 years. The claims made to the son for the perfect accident, he pays from his salary in the colony from the first day of being in it. Before filing another petition for parole, I wanted to secure from the victim an agreement that he would not oppose the parole of his son. And he will sue a receipt confirming his agreement on this and that he has no complaints against him. In an oral conversation between me and the victim, an agreement was reached, verbally, that in order to positively resolve the issue, I have to pay him the full amount of the debt. But due to the fact that the amount is very large, we agreed that I now pay a certain amount of the claim brought by the court to my son, and I undertake to pay the remainder of the claim before a certain date. In this regard, I paid a sum of several hundred rubles, which the victim indicated in his receipt, as well as the fact that he did not mind leaving his son for parole and had no complaints about him. For my part, a receipt was written that I undertake to pay for my son to pay the remaining amount before the date determined by us. For this, a repayment schedule was drawn up. However, the victim did not fulfill his promises and, right in court, through his lawyer, categorically provided a refusal to consent to the release of his son by parole. The lawyer explained the refusal by the fact that his ward changed his decision and did not consider the release on parole to be timely. I considered that once the opposing party did not fulfill the conditions of the contract concluded between us, although verbally, then I also had the right to revise my obligations. Redeeming a claim for my son was my personal desire. I have no desire to fulfill payment obligations. The son, serving a sentence in a penal colony, from the first day of serving the sentence, works and pays the claims brought against him to all the victims, including the victim who sued me. I believe that the victim is trying to benefit from this misfortune. The victim, receiving payments under the claim from the salary of the son, wants to receive in addition money also from me, from his father. At our last meeting, I refused to pay him, explaining my decision and that his son pays these claims to him. But the plaintiff did not listen to me and demanded money. In this regard, the plaintiff and decided to sue me for failure to fulfill their obligations. Before filing documents with the court, he sent a valuable letter of pre-trial claim to me, in which he demanded, referring to Art. 309, 310, 314 of the Civil Code of the Russian Federation, to pay the entire amount within 2 weeks. The deadlines for payments, indicated by me in the receipt ended
Hello, Nikolayevich. I have a lot of questions about your situation. Firstly, why does your son serve his sentence in the General Regime of the General Regime (he must serve in a penal colony). Your son was an adult at the time of the accident? I’ll start with the main thing. You do not have to pay a claim for your son and no one can make you do it. I understand that on your part the agreement with the victim was of a written nature (receipt), and on the part of the victim – oral. Naturally, his promise to accept parole is unlikely to appear on the receipt. When a competent lawyer intervenes, you may be charged with the amount indicated in the receipt, because it turns out that it is not related to the claim and does not reflect the situation you described. At the same time, if you prove that this receipt is the result of the failed agreement and at the moment your son’s lawsuit is little by little, but continues to pay the debt, you have every chance to win the case. After all, in fact, you did not take money from the victim, by the court personally you don’t owe him anything – on what basis are the demands made on you? It turns out, on the basis of only receipts. But not every receipt entails meeting the requirements of the court. As evidence, you can use both the results of consideration of parole, and written documents on the monthly payments from the son. It all makes sense if your son was an adult.
Good day, the situation is … Three months ago there was an accident, I am the injured party, to me. According to the conclusion of the FMS, light health damage is caused. (the car was registered to the spouse, she was also at the time of the accident in the car) The guy with no driver’s license was at the wheel of another car (she didn’t have a license at all), they never called him once for analysis at the traffic police. The phone is disconnected. Certificate of registration issued to another person and there is a suspicion that the car is sold "by proxy" and maybe not once. Yesterday issued a certificate of an accident and a copy of the decree on
Hello, Maxim. That’s right, the notice of expertise should be sent to both the owner and the driver. With a light health hazard, approximately 50,000 rubles can be recovered. It all depends on the duration of treatment and the nature of the damage – light damage can also be different. It will be taken into account whether the health disorder affected the continuation of work, the maintenance of a habitual way of life and
Hello! I had an accident, went to the route
Hello Rita. Get insured, and if the amount claimed to be reimbursed is more than the amount of the payment, then you can additionally make a claim. You can recover the costs of medication, treatment, concomitant suffering (disability and
Hello. What is the procedure for recovery of damage to the material and moral damages from a car owner-driver, who has not yet been found guilty of an accident, to a victim? Does the victim need to make his claims for damages on the analysis of an accident in a traffic police? What is the generally accepted procedure for recovery of damage to the victim in an accident with the driver?
Hello Sergey. Explanations of the Supreme Court of the Russian Federation in the decision of the Plenum from
Hello! April 9 got into an accident. Passing the intersection in the forward direction on the green signal of the traffic light. The second participant of the accident made a turn to the left on the green signal of the traffic light, but did not give way to us. The protocol was received only after 2 months,
Hello, Natalia. In court, an appeal against the actions of the traffic police will not take more than a month. You can also attend the meeting, where to report that the applicant is pulling time. In this case, you can declare that you intend to re-apply to appraisers who will determine additional damage (corrosion) due to delaying the procedure by the person responsible for the accident. This additional damage to you is quite possible to recover through the courts.
Good day! On December 10, 2016, my ex-husband was driving in his car, his friend was intoxicated while driving. He lost control and drove into the oncoming lane. There was an accident and my ex-husband died. I have two minor children for whom my husband paid alimony. The children lost their father and alimony. Now the investigation is underway, the guilty person hired the best lawyer for the accident, and they composed a version that my husband hit the guilty during the movement, he lost consciousness and because of this he did not cope with the control. Everything goes to the fact that a drunk driver is not recognized guilty. Can I still file a claim for moral damage and loss of alimony?
Hello, Xenia. Yes, you can file a claim for compensation for non-pecuniary damage, without waiting for the decision to recognize the driver guilty, according to Art. 1079 of the Civil Code. In my opinion, he will be found guilty for the reason that he got behind the wheel drunk, and the circumstances of the attack are very difficult to prove, from my point of view it is impossible, unless there are serious injuries on the driver’s face or body from the side where the husband was.
Good day, hello! On May 09, 2017, an accident occurred in which an innocent driver suffered (serious injuries) (after conducting a forensic examination, the case will be referred to the police). The fault of the second driver has not yet been established, but there is a video of where the passage to the red signal of the traffic light is fixed. The innocent driver lay in three hospitals until July 16, 2017 and was discharged under the supervision of a neurologist with diagnoses: SCI, SAH, pelvic bone fracture, leg fracture, psychotic disorder with symptoms of schizophrenia, hypertension, deep vein thrombosis of the lower extremity. To care for the sick arrived wife for
Hello, Alexander. There are no particular pitfalls, but every expenditure needs to be confirmed. I think that you will not be paid 30,000 unconfirmed expenses. There may be one lawsuit, 2 plaintiffs will be indicated. Additional costs can also be recovered if documented. Clearly, the price of the claim must include the moral suffering inflicted on the victim.
Hello! I got into an accident, at the time of the accident insurance was expired. The victim sued me, but the owner of the car is my husband, who voluntarily handed me the right to drive. The court reported that the claims would be filed against the owner of the vehicle, and not against me as the cause of the accident. The husband categorically disagrees with the claim. Whether the requirements can be applied only to me, as to the culprit and at the time of management – also to the owner of the car.
Hello, Natalia. It is possible to recover damage from you, as the legal owner (albeit not the owner) at the time of the accident.
Hello! Got in an accident, crashed the car and fled the scene. After they found me, there was a court and the court wrote me only a fine of 1000 rubles. After half a year at the address of my wife (not my address for registration) comes a court decision! The fact that I have to pay the insurance company 100 000 and every day there are pennies. Although no one ever called me, I never received a notice of a claim, a court, at my registration address. Nothing at all! Without my knowledge, the court held and rendered a decision. Now the decision is transferred to bailiffs. What to do in this situation?
Hello, Eugene. If you have not received any notifications, this can be regarded as improper notification to the defendant. You can restore the period of appeal and write an appeal. Get a copy of the decision from the bailiffs and with a note of the date of receipt, file a complaint with the court.
Hello! According to the court decision, damages were collected from the perpetrator of the accident, who was driving. In the course of the enforcement proceedings, it turned out that he had neither property nor income, and there was nothing for him to execute the decision. Is it possible now to make a claim on this amount to the owner of the vehicle? Or in some other way now to attract from the compensation of damage to the owner of the vehicle?
Hello, Valentine. In my opinion, there can be no double foreclosure on the same dispute. Judge for yourself – if suddenly the culprit has income, then the recovery will be made from him and from the owner of the vehicle? This can not be; at the stage of enforcement proceedings it is not possible to file a similar claim to the owner.
Hello! There was a traffic accident, and the Guilty turned out to be without rights (deprived of drunk driving), without a CTP policy and the owner of the vehicle is not he (most likely by proxy). We carried out an independent examination and I sent the pre-trial claim to the perpetrator, to which there was not the slightest answer, is it necessary to send the owner of the vehicle to the pre-trial claim or only to the person who controlled the vehicle? Compiling the claim in the court against both of them, to whom it is necessary to refer as the Defendant to the owner of the vehicle or the culprit who ruled the vehicle !? And one more question: Is it necessary to write in the list of documents that there have been attempts "Pretrial settlement". In drawing up a lawsuit, I would not interfere with your help. Thank.
Hello, Denis. If you plan to sue both the owner and the actual perpetrator at the same time, to send a pre-trial claim to the owner of the vehicle is desirable but not necessary. In the list of documents you need to attach a copy of the claim and indicate in the text of the claim that the claimant has taken measures for the peaceful settlement of the issue. In the lawsuit, specify both the owner and the driver as respondents. This is the usual practice of recovery in cases of accidents.
Good day! April 16, 2017 at about 21-40 in
Hello, Constantine. The case is required. I admit that at first there may be a delay in initiating a case due to waiting for an examination, but after a time has passed and the result of the research has been received, a decision must be made. The conclusion of the expert who was waiting establishes a causal link between death and an accident. How do you find out about what decision is made – only by written inquiries, calls or hire a lawyer. The latter option is desirable if you live in another city – if you have a lawyer, you will not have to participate in the consideration of the claim. Moreover, the cost of a lawyer can be included in the price of the claim. You ask if you need to make a pre-trial claim. I would recommend to go directly to the court, here we are talking about death as a result of an accident, the amount can be large, it is unlikely the culprit would agree with her. It is better to file a claim with the case, and for this you need to find out if it is aroused. Claim a lawsuit against the perpetrator.
Good day. There was an accident involving two cars. Culprit by right is recognized as a truck driver. At the time of the accident, the driver of the truck was missing a CTP policy. The truck belongs to another person (most likely IP), though in the certificate of the accident it is listed as
Hello, Nikolay. 1. The stated amount is likely to be contested and reduced to 200,000, since wear is usually taken into account. But you have the right to declare 400,000 rubles, it is practiced – initially, the maximum cost of damage is always put, according to the principle – who does not agree, prove something else. This approach often leads to settlement agreements right at the court hearing. 2. Difficulties with work due to an accident will also need to be proved. If you prove – compensation may be charged, the amount depends on the assessment of lost profits, earnings and
Good day. I am the culprit of an accident. But neither the victim nor I have an OSAGO. We cannot agree on the amount of damage and payments. Does he have the right to sue me. And if so, what kind of punishment in the form of payments will I bear. And can the court order me a monthly payment to the victim for the damage caused to his car,
Hello Arthur. Of course, you can be sued. What amount will be charged – here we need to proceed from the cost of repairs, legal services from the victim and
Hello. I am the culprit of an accident, I had a valid CTPL policy at the time of the accident. The victim turned to his insurance company to obtain insurance compensation, but was denied direct compensation for damages, citing the inability to establish the circumstances of the damage to the car, the conclusions of the transport-trasological examination and, as a consequence, the absence of the insured event. The victim filed a claim for insurance indemnity against his insurance company and, at the same time, indicated me as the second respondent. Please tell me what is the probability of me to payer for this claim and what actions to take to prevent this from happening.
Hello, Constantine. In my opinion, the recovery will be made from the insurance company, since it did not have sufficient grounds for refusal. You will only respond if the amount of compensation exceeds the maximum according to the law on CTP.
Hello, Galina. Engage both the owner and the driver as respondents. This is a common practice, all the more so since it is impossible to warrant that only the driver as the culprit is able to make amends for all the damage. Actually, it is easier to collect from two persons than from one.
Hello Andrey. By law, you are not obliged to prove your innocence, but law enforcement officials are obliged to prove the event of an offense and your involvement in it. In practice, often the opposite is true – it turns out that you have to prove the absence of your guilt. I would advise you to hire a lawyer, because already at such a stage as consideration of the material in court, it will be extremely difficult to justify yourself. Insist that there was no event of the offense, that you did not cause the woman a bruise, you need to find out how many references are dated. In addition, measures should be taken to identify witnesses or data from a video camera (for sure it is within the confines of the territory). You can also order an independent examination of your car for the absence of even minor damage – this indirectly reduces the level of evidence of the collision.
Hello Sergey. The actions of the plaintiff are logical and do not contradict the law – beyond the scope of the compensated damage to the insurance company, the injured party can recover the remaining damage directly from the perpetrator. If you do not agree with this, you will have to prove unfounded claims.
Vera! I admire your desire to help people selflessly. It is usually difficult to get free, competent legal advice. Tell me, too, please! for an accident, the insurance paid out very little for auto repairs, the independent expert counted slightly more, but not enough either (for reduced prices, RSA). Even if I sue the perpetrator of an accident for compensation for damage and stop the difference, I still do not have enough money to fully restore the car! according to the estimates of three stations, 50,000 will not be enough! What to do? Can I repair a car for my money and submit compensation for actual expenses (checks, receipts)? on whom to file in this case, the insurance or the culprit? It would be nice to insurance! Since the culprit is a goal, like a falcon is a boy … he will pay me 10 years! The owner of the culprit’s car is his dad. Can I sue the owner? Is there even a better chance of paying … or both? I’m at a loss, tell me, please, what to do?
Hello, Marina. You can sue the insurance company to recover the difference between the estimates. To file a claim for a larger amount (both for insurance and for the owner with the perpetrator), you will need to prove the need for costly repairs, which will be difficult, since an independent assessment has already been carried out. In practice, there are cases where a reassessment gives an opinion on a significantly larger amount if the damage, previously assessed as minor, caused a significant failure of other mechanisms. Only after another assessment can we raise the question of reimbursing a larger amount.
Thanks for the reply, Vera! But your answer pulls a different question. &# 128578; If my car was intact, never broken, not repainted and after an accident (the body is badly damaged) I just want to restore it to its original condition at the official service station from the original, and not Chinese or used parts, and for this I lack the money calculated by experts , it turns out I can’t normally restore my car? The insurance service refused me to repair the new (July 2017) CTP policy due to the fact that the service station cannot buy parts for my car at the prices of the PCA catalog. If even the service station at its wholesale prices cannot buy parts for this money, where can I buy them ?! Unless, having paid me an amount insufficient for repair, did the insurance conscientiously fulfill their obligations to restore the car? You can pay for another independent examination, but it will again be calculated on the same PCA catalog with low prices for spare parts, I think the numbers will be about the same. I do not want expensive repairs, do not want to cover the car with gold leaf or pump it! I want to restore it to its previous working condition, that’s all! No exit?! Sorry for perseverance! Thank!
Hello, Marina. There is such a thing as a deterioration of the commodity (appearance) and operational qualities of the machine. According to
Yes, Vera, I know. I counted TCB for 35 thousand rubles for an independent examination. In summary: Insurance paid 200 thousand, an independent expert counted on 250 thousand. The invoice for parts from the store at a 10% discount was given to me at 229 thousand + repair 92 thousand … UTS is compensation for the deterioration of the car, but, as you can see, even with UTC the debit does not converge with the credit. Is there a way out of this situation or is it a dead end? Can the court help? OR: You are not guilty of an accident? – so you hit!
Marina, to say for sure the court will help or not, I can not. Practices to recover the cost of repair is not quite a lot. Do the following: since you still have to go to court to recover the difference of 50,000 rubles, put the second clause in the statement of claim requiring the insurance company to repair the service station (using the parts you purchased). I think that with such a formulation, given the dubious grounds for refusing to repair, you have a chance to achieve justice. If everything works out, you will be paid 50 thousand differences and the repair will be at the expense of insurance.
Thank! I will try … I will report back on the results. &# 128578;
Good afternoon, please tell me what we can claim in
Hello, Natalia. It is impossible to recover the amount of damage from the owner here – it was not his fault that drove the car out of his possession. It is clear that the culprit has nothing and it is impossible to recover anything from him. Nevertheless, I would recommend to go to court if the amount, say, exceeds 50-70 thousand. The culprit will ever get a job in his life, there will be at least something listed.
Many thanks for the intelligible comment.
Good day! Please tell me, got into an accident
Hello, Alexey. You have the right to recover from the perpetrator all that outside of 400,000 rubles. In your case, you have the right to turn to the insurance for a TCB refund (if the examination confirms this) or to raise the question not about reimbursement, but about repair at a workshop.
Vera can not agree with you! The insurance does not have a contract with the STO of the official dealer, I do not agree to repair the non-official, the insurer has the right, but is not obliged to send to the OD with which there is no contract, and as you understood, it does not want to send me. In this case, the only way out according to the law on OSAGO is compensation, but compensation according to the current legislation is calculated according to the Unified Methodology of the Central Bank, which takes into account the lowest prices for spare parts and cheaper recovery methods than OD, it turns out a big difference.
Hello, Alexey. In the explanations given by you to the Constitutional Court of the Russian Federation, it is not quite your example – there disputes arose about taking into account the wear of parts and the calculation without wear. In general, it is possible to use the position of the Constitutional Court on the legality of collecting from the culprit the amount of the difference between the insurance payment and the actual costs, even if there is no excess of 400,000 rubles. But I did not find a judicial practice on the application of such a provision in case of a need for repairs to ML and what a decision of the court it will be difficult to predict. As an option, you can raise the issue of obliging the insurance to send it to the OD, while in order to justify such requirements, again, an independent expert opinion is needed. It is necessary to motivate the requirement not so much with real damage, but with loss of warranty in case of repair in another service station. If you go to court with such a question, it is better to first send to the insurance application (claim) about referral to ML, so that in court you have proof of the refusal of the insurance to come to an agreement.
Hello! We got into an accident, and we are to blame. Insurance reimbursed another party accident 392 000 rubles. He conducted an independent examination, which counted the damage to him at 730,000 rubles. The difference he wants to demand from us. I have sn 10,000 rubles. I am the only breadwinner in the family, my wife is on maternity leave. I have nothing in property. What can the court award?
Dmitry, and you can find out how did you get such a big difference between the assessment of insurance and independent, because today everyone is obliged to consider everyone according to a single methodology of the Central Bank?
Hello Dmitry. The court may charge you damages in excess of 400,000 rubles, if it recognizes the expertise carried out. In particular, the subject of the study will be calculated by a single method. In this situation, the recalculation difference is very significant (almost twice), usually it is immediately alarming the court. Therefore, to say for sure whether the missing amount will be recovered from you is now impossible.
Hello. Got into an accident. The culprit behind the wheel was drunk, ran away from the accident scene. The car of the culprit belongs to his daughter, but there was no documents in the car, there was only a purchase agreement – sales from 2015. As we understand, the car has not yet been renewed from the old owner, and therefore they do not pay taxes. Also, the culprit has no insurance policy. The traffic police cannot find the culprit, although he lives in the village and there are few houses there, the traffic police are just waiting for him to come to them. We know where the culprit lives. We can not conduct an examination, as there is still no resolution from the traffic police. We are now waiting for three months for a ruling. Tell me what else we can do at the moment? Information about the accident we took. Can we seize his property?
Hello, Anastasia. You can in any way assist the traffic police. Therefore, you have the right to inform them in writing of the address of the perpetrator, then it will go faster. When the ruling is ready, when you go to court, you can raise the issue of seizure of property.
So the traffic police knows his address. They just do not look for him, but wait until he comes behind the car.
Hello. I am the culprit of an accident that happened
Hello, Joan. Most likely, the term is not missed. If the applicant submits a claim by mail, then the term is calculated from the day of dispatch (acceptance of the item at the post office) – it is likely that the date of acceptance by mail will be earlier than October 23.
Thank you, Vera! It is a pity, of course, it is not in my favor. Three years were silent, I calmed down. Do not tell from the practice, what may be mitigating circumstances when a court makes a decision? In that accident, I suffered very much physically myself (numerous fractures, 10 months on sick leave), and the car was not subject to recovery, sold for parts. In the injured party, thank God, only the car suffered. In addition, I pay a mortgage loan (the amount of payment is decent). The court can appoint to pay only a portion of the amount of damage, or at least payment of parts?
Hello, Joan. The court charges the amount in full, despite the credit obligations and the fact that the perpetrator himself suffered. But in the order of execution of a decision that has already entered into legal force, it is possible to postpone payments by submitting a corresponding substantiated application to the court. Moreover, I would recommend you to consider the settlement agreement, since you are ready to pay the sum in parts. For this you need to offer the claimant a repayment schedule, if it suits him – you can do without a trial at all. By the way, often in case of voluntary redemption in parts, the claimant does not insist on interest and interest on
Hello! Tell me, please, how to act in this situation. In the parking lot, leaving his seat damaged a car standing next to him. Caused by the traffic police, all the documents. The injured was sent by his insurance company to a certified repair center, where he was cheated of the cost of repairs to 35,000 rubles, the insurance company pays for the injured person to be repaired, taking into account wear and tear, by 23,000 rubles. The victim approached me with an offer to pay the missing amount. Do I have to pay this difference or are there options to achieve reimbursement of expenses by my insurance company?
Hello, Alexey. While there is no court decision, you are not required to pay anything. Practice has developed in such a way that the remaining amount is recovered from the culprit, but still I would recommend first to try to achieve full compensation of the insurance. You need to write a claim and attach the calculation of the cost of repairs. There is a small difference in the payment, there is a probability of full payment by the insurance company.
Good day! I dad in the accident due to the fault of another member of the DD. I am at 5 weeks of pregnancy, I received minor injuries and was sent to the hospital from the place of ddp, I was diagnosed with bruises and sprains and put on the save with the threat of miscarriage. I want to file a claim on the perpetrator of an accident for moral damage, what can I demand and how to make a statement correctly?
Hello, Polina. Of course, you have the right to file a claim for the recovery of the amount of damage caused, including damage to health. You need to make a claim in this way: describe the event, the consequences for your health, indicate the presence of a causal link between the actions of the perpetrator and your condition, assess the amount and write a claim for its reimbursement. It is also necessary to include evidence of your stay on treatment, information about the guilt of a person in an accident.
Good evening. I had an accident, the perpetrator pleaded guilty, as there is a decree of the traffic police that he is guilty. I got in touch immediately (as the child was involved in the accident). We went to contact him and said that the insurance company estimated the damage at 130,000 rubles. In his defense, he offered to pay for the repair, after inspecting the car in my service, he offered to go to his service, and then by phone he said that my repair service would be expensive and he would be much cheaper. What should I do right now if I want to sue. I sent him a telegram with information about an independent examination. What are my next steps? Do I have to write a pre-trial claim? Almost a month has passed since the accident.
Hello, Sophia. You can write a pre-trial claim, it is not necessary, but desirable. Further, if there is no response to the claim, you can sue that does not deprive you of the right to enter into a settlement agreement on any terms that suit both parties. Now I would not advise to agree to repair in an unknown service.